KAUSHALENDRA KUMAR MISHRA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This revision petition pertains to an insurance claim of a motor cycle. It was repudiated by the respondent, Oriental Insurance Company Ltd. on the grounds that, at the time of the incident-

(2.) The case of the complainant before the District Forum was that the delay in registration was due to the fact that he intended to get a specific number of his choice for registration. Secondly, at the time this vehicle was snatched away from him, it had been parked and was not being driven. Therefore, the license of the driver was not relevant because it was not a case of the vehicle being involved in any road accident.

(3.) On the other hand, the plea of the OP/Insurance Company was that the complainant had neither deposited the registration fees nor produced the vehicle for inspection by the Transport Department for the purposes of registration. Had the vehicle been registered, it would have been easy for the police to trace it out. It was further argued that the vehicle was insured subject to the conditions in the policy and relevant provisions of the Motor Vehicles Act. Non-registration of the vehicle was in violation of Section 39 of the Act. The records reveal that the police had arrested and charge-sheeted the two persons concerned with the incident of snatching of this Motor-Cycle, but they had not been able to recover the vehicle.